FCA v Papadimitrakopoulos & Anor

FCA v Papadimitrakopoulos & Anor

The adjournment of the strike out application is justified because the documents sought in the disclosure application may be relevant to the fair determination of the strike out application, and it is proportionate and reasonable to ensure that potentially relevant evidence is available before the strike out is heard. Efficient case management and the overriding objective require the disclosure application to be heard first.

Parties
Claimant: FCA; First Defendant: Papadimitrakopoulos; Second Defendant: Second Defendant
Jurisdiction
England and Wales
Judgment Date
14 July 2022
Procedural Posture
Civil / Interlocutory Application for Adjournment of Strike Out Application
Outcome
Application to adjourn the strike out application granted.
Legal Topics
Adjournment, Strike Out Application, Disclosure, Abuse of Process, Market Abuse, Use of Mutual Legal Assistance Material
Civil Procedure Financial Regulation Adjournment Strike Out Application Disclosure Abuse of Process Market Abuse Use of Mutual Legal Assistance Material

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

FCA

Claimant

Papadimitrakopoulos

First Defendant

Second Defendant

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Adjournment of Strike Out Application

Legal Issues

  1. 1 Whether the strike out application should be adjourned pending determination of a disclosure application
  2. 2 Whether documents referred to in a witness statement are relevant to the fair hearing of the strike out application
  3. 3 Whether the use of MLA material in civil proceedings constitutes an abuse of process under section 9(2) of the Crime (International Co-Operation) Act 2003

Ratio Decidendi

The adjournment of the strike out application is justified because the documents sought in the disclosure application may be relevant to the fair determination of the strike out application, and it is proportionate and reasonable to ensure that potentially relevant evidence is available before the strike out is heard. Efficient case management and the overriding objective require the disclosure application to be heard first.

Court Disposition

Application to adjourn the strike out application granted.

Orders

  • The disclosure application will be heard next week with a time estimate of one day.
  • The strike out application will be re-listed, also with a time estimate of one day.